Category Archives: Nexus

E.D.Mich.: Def driving back to his house after a drug sale establishes nexus to the house

Driving back to one’s house after a drug sale establishes nexus to the house. United States v. Rich, 2017 U.S. Dist. LEXIS 173634 (E.D. Mich. Oct. 20, 2017). Defense counsel wasn’t ineffective for not moving to suppress defendant’s stop which … Continue reading

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M.D.Pa.: The fact def’s cell phone was used to call the CI was PC for search of the phone

Nexus was shown for defendant’s cell phone: “The affidavit described various calls made between the CI and defendant regarding the planning of the jewelry store robbery, the dates of the calls, as well as discussions about how the firearm needed … Continue reading

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IL: PC for house comes from man leaving house in car registered at house to do a drug deal

There was a substantial basis for finding probable cause for a search warrant for defendant’s house where a man left the house to proceed directly to a drug transaction and the car was registered at that address. That’s sufficient nexus … Continue reading

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TX14: Argument that arrest violated 4A wasn’t specific enough to preserve lack of PC

Arguing that one’s arrest violated the Fourth Amendment didn’t preserve his lack of probable cause claim on appeal. Doremus v. State, 2017 Tex. App. LEXIS 7702 (Tex. App. – Houston (14th Dist.) Aug. 15, 2017). The affidavits in support of … Continue reading

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Army CCA: Def showed IAC from defense counsel’s decision to forgo a motion to suppress; failure to show nexus was unreasoned and entitled to no Strickland deference

Defendant on post-conviction showed that trial defense counsel’s decision to forgo a motion to suppress for failure to show nexus was unreasoned and entitled to no Strickland deference. United States v. Close, 2017 CCA LEXIS 432 (Army Ct. Crim. App. … Continue reading

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E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

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D.Minn.: Delivery of meth to house in past was nexus

Nexus to the premises was shown by the observation of five pounds of methamphetamine being picked up there. United States v. Barron-Celis, 2017 U.S. Dist. LEXIS 73083 (D. Minn. April 4, 2017),* adopted, 2017 U.S. Dist. LEXIS 72250 (D. Minn. … Continue reading

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E.D.Mich.: Texas state SW was used to search cell phones, but FBI later searched by downloading contents w/o warrant so latter search suppressed; conspiracy to rob infers nexus

The Texas state court search warrant authorized a search for evidence on a cell phone of any crime, and that’s problematic. The affidavit, however, specifically referred to home invasion robberies, and that gave context. The search warrant was thus particular. … Continue reading

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N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

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D.Minn.: Complete failure of showing nexus fails PC and GFE

The affidavit for the search warrant completely failed to show nexus to defendant’s house and drugs. Complete lack of nexus does not support the good faith exception either. United States v. Rios-Uscanga, 2017 U.S. Dist. LEXIS 68991 (D.Minn. March 13, … Continue reading

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